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Rita Dey (saha) Vs. Ashit Kumar Saha
Court: Calcutta High Court
Voidable Marriage — Fraud — Appellant-wife suffering from malignant cancer prior to her marriage with respondent-husband — Appellant-wife failed to prove that disease and its nature disclosed to respondent-husband prior to their marriage.September 4, 201800Triveni Singh Vs. State Of U.p. & Ors.
Court: Allahabad High Court
Annulment of Marriage — Husband alleged to be H.I.V. positive — There is nothing in Section 5 to annul marriage on ground of HIV infection or any other disease — Parties were major at the time of marriage — There was no need for consent of guardians — No evidence to show that petitioner was HIV positive before marriage, no question of concealment arose — On ground of any disease except mental disease, no marriage can be declared null and void as provided under Sections 5 and 12 of Act — Matrimonial petition in abuse of process of law — Proceedings quashed.July 23, 2018Harkanwalpreet Singh Vs. Harshpreet Kaur
Court: Punjab and Haryana High Court
Void Marriage — Bigamy — Declaration — Respondent had spouse living at the time of her marriage with appellant — Contravention of Section 5(i) of Act — Merely because they have been married for considerable time, it cannot be per se said that they are acting in collusion with each other — Marriage between parties declared void as it contravenes Section 5(i) of Act.June 29, 2018S. Mahender Vs. Shalini
Court: ANDHRA PRADESH HIGH COURT
Suppression of an item of information cannot be treated as ground under Section 12(1)(c) of Act — Section 12(1)(c) gets attracted only when consent obtained by fraud or through force — Respondent has not made out case under Section 12(1)(c) of Act.June 18, 2018MANOJ KUMAR Vs. PINKI RANI
Court:DELHI HIGH COURT
Respondent-wife failed to establish charge of illegal relationship of appellant-husband with lady concerned. Marriage irretrievably broken, cruelty established.June 9, 2018KOLA EMMANUEL Vs. NALLIPOGU SUNANDA
Court:ANDHRA PRADESH HIGH COURT
The word ‘impotence’ is not related to a particular gender like male only. It relates to either gender. The criterion is the practical impossibility of consummation of marriage on account of impotency of either the husband or the wife. Incapability of copulation on the part of either of the spouses either due to structural defects in the organs of generation or due to some other cause resulting in non-consummation of marriage is impotence and the said word is equally applicable to both husband and wife.May 31, 2018Smt. Sulekha Vs. Ashok Kumar
Court:Allahabad High Court
Annulment of marriage on the grounds of impotency of wife and fraud.May 25, 2018KIRAN BALA ASTHANA AND ANOTHER Vs. BHAIRO PRASAD SRIVASTAVA
Court:ALLAHABAD HIGH COURT
Wife was suffering from Mental Illness.This material fact concealed hence Annulment.April 5, 2018JUSTYN CYRIL Vs. HANNAH VASANTHIE
Court: MADRAS HIGH COURT
From the time of the marriage, the Wife was not willing to have intercourse with the husband, hence Annulled.March 30, 2018Vandana J. Kasliwal Vs. Jitendra N. Kasliwal
Court:Bombay High Court
Wife was suffering from schizophrenia. This material fact concealed hence Annulment.March 26, 2018Chhandupriya @ Priyanka Vs. Rahul Mohod
Court:Bombay High Court
Wife has a lover from prior to marriage and marriage was not consummated. Marriage Annulled.February 21, 2018Gullipilli Sowria Raj verus Bandaru Pavani @ Gullipili Pavan
If a spouse is not Hindu, marriage is invalid under HMA
April 15, 2016
